Principle Archive

Where an accused person in his evidence admits making statements to the police and affirms that the facts stated therein are correct, such statements are properly…

Failure to record the use of an interpreter on subsequent days does not per se vitiate the trial; however, a breach of section 33(6)(a) and (e)…

The defence of provocation is not available where the alleged provocative statement is not believed by the trial court, and there is no evidence of a…

An employee is not entitled to pension under the Pensions Decree No. 104 of 1979 where he has not put in the requisite number of years…

The court will not grant specific performance of a contract of service; reinstatement is not available for ordinary master-servant relationships. Special circumstances, such as statutory flavour,…

In ordinary contracts of service (not governed by statute), wrongful termination gives rise to a claim for damages, not a declaration that the dismissal is null…

In a trial by a judge sitting alone, if inadmissible evidence has been received, it is the duty of the judge to reject it when giving…

Evidence from a previous proceeding is hearsay unless the witness is dead, cannot be found, is incapable of giving evidence, or is kept out of the…

Before evidence given in a previous case can be received as substantive evidence, all conditions laid down in section 34(1) of the Evidence Act must be…

Courts should afford parties a reasonable opportunity for their claims to be adequately investigated and properly determined on their merits, especially where a judgment was reached…

For rectification to be granted, the antecedent agreement must be clear and unequivocal and must have continued unchanged until the execution of the final document; rectification…

Where a document is contractual, the competence of a party to seek its rectification must be determined within the privity rule, not on the basis of…